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A decision from the Ontario Superior Court of Justice last week contains some of the most disturbing termination facts I have seen in some time. Quite simply, it is a case study on how not to treat an employee with a disability – or any employee for that matter – and how not to terminate
For an employee to successfully argue that she has been constructively dismissed is an uphill battle. The onus is on her to show that a fundamental term of the contract of employment has been breached, she has not condoned that breach, and in walking out the door, she has not failed to mitigate her damages.
A recent decision of the Superior Court of Justice, O’Reilly v Purolator Courier Ltd, 2014 ONSC 3266 (CanLII), suggests that questions regarding how a workplace investigation was conducted may mean that a release signed in favour of the employer may not be enforceable. The facts of the case are straightforward. In 2007, two female Purolator
Over the past couple of years, we have seen a number of cases in which courts have grappled with the amount of reasonable notice to be given to employees who have long service and who are past the traditional age of retirement. We wrote about this for the first time in our blog “How does
Unfortunately, for those of us who support employers through workplace investigations, it is almost inevitable that one day, a truly terrible workplace investigation report will land on our desks. These reports may be prepared by people internal to our clients’ workplaces, or they may be prepared by an external investigator. What do I mean by
This time of year we find ourselves answering questions about what type of workplace celebrations are appropriate. Is wishing colleagues “Merry Christmas” a neutral greeting or is it offensive? Is it acceptable to have a Christmas tree in the office? Is Secret Santa a human rights problem? The reality is that not everyone celebrates Christmas.
The number of decisions dealing with how not to conduct workplace investigations continues to grow. One of these decisions, Ditomene v Boulanger, 2013 QCCQ 842, comes from the Quebec Court and while the case was decided under the Civil Code of Quebec, it provides a laundry list of flaws that should be avoided in a
This morning, at the Law Society of Upper Canada, I chaired a panel composed of several “well-seasoned” employment lawyers. The panel discussion was “broadcast” via teleseminar, and the five of us, plus an intimate gathering of 1500 lawyers and paralegals who gathered around their computers, delved into the ethical issues that confront us as employment
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